Capt. George HODGES, 1847
Contributed by Ruby Campbell, 11 Apr 2000WILL OF CAPT. GEORGE HODGES I George Hodges, Of the State of South Carolina, and the Distract of Marlborough, do hereby make and ordain this my last will and Testament, Item first: It is my will and desire that all my just debts be paid, Item second: I give and devise to my two sons Robert G.W. Hodges, and John A. Hodges and to James C. David, and to survivor or survivors of them, his or their heirs forever, all the lands which I lately bought of the Commissioners in Equity, being the lands of the Estate of Charles Irby deceased, called the Hume lands (except the part of the said tract which I sold to Nicholas Ware, which I consider one third of the tract, (See deed given him for same.) In trust never the less that they permit my daughters Eliza M. Ware and Mary Jane Draughon to have the possession and enjoyment of the same for their sole and separate use, free from the control of their husbands, and or without being in anywise subject to their debts or contracts, for and during their natural lives: and that upon the death of each of my said daughters Eliza M.Ware and Mary Jane Draughons, they convey to their children, share and share alike, that portion of the said land which is designed for the enjoyment of their mothers respectively. And if the said trustees should think it fit and proper at any time to take the said property from under the control of my said daughters they are here by directed to do so and to rent the same, paying over to them or their order the annual profits. I direct my executors to divide said tract of land in the following manner, to wit, to commence at the corner of the north side of said land, and then running with the said Hume's line to the Old River: on the south side to make the line as follows: to commence at the south east corner and run to the Cashua road--- thence down said road to the fence that formerly was the dividing line between Charles Irby and Robert A. McTyre thence with said fence until it intersects Hume's line--- and then with the said Hume's line to the Great Pee Dee. The four hundred and twenty acres of land on which my residence now stands, and which I purchased from Charles Irby in his life time, is excepted although it is a part of the same grant. I also direct my executors to lay out and admeasure to Eliza M. Ware the third part on the north side of said tract; and to Mary Jane Draughon the third part on the south side of Hume's line; the middle third being sold to Nicholas Ware. Item third:--- I give and bequeath to my sons Robert G.W. Hodges and John A. Hodges and to my friend James E. David a share of my personal property equal to the share of each of my children after all my just debts are paid: that is to say, I require each of my heirs at law who are all beneficiaries of this will, except my daughter Adaline, to execute or cause to be executed a sufficient bond for his or her rateable or proportional share of the above legacy to the trustees afore said or executors here in after mentioned, This bequest is in trust never the less for the sole and separate use of my daughter Adaline, wife of Peter A.K. Pouncey, during her natural life, that is to say they are to pay over to her annually the interest arising from such legacies in cash, taking from her a receipt for the same. I direct my said trustees farther more upon her death, to pay over in cash to the children of my said daughter Adaline respectively as they arrive at the age of twenty-one, an equal distributive share of said property . If any child of my said Daughter should die before having attained the sad age, and should leave an heir or heirs of his or her body, then such heir or heirs shall be entitled to the share his or her parent would have been entitled to, I also devise and bequeath to my said trustees, in respect of my real estate, a bond for two thousand six hundred and twenty seven 50/100 dollars ($2627.50) which I hold against Nicholas Ware. In trust never the less that the interest on said bond, at the rate of three and a half percent per annum, be applied to the sole and separate use of my daughter Adaline during her natural life, and after her death that they convey the principal of the said bond to her children. Item fourth:--- I give and devise all the rest of my lands that I may be seized and possessed of at the time of my death, to my two sons Robert G.W. Hodges and John A. Hodges, to them and their heirs forever: to be equally divided between them, share and share alike, Item fifth;---I give and bequeath to my son Robert G.W. Hodges and his heirs forever, the following Negro slaves namely, Old Peg, Daphne, Steve, Dick, Dice, Beatrice, Fidelia, Noram, Sampson, Hester, Nero, Nance, Chaney, Jefse, Creasy, Anthony, and Hetty; together with all their increase. Item; sixth;--- I give and bequeath to my son John A. Hodges and his heirs forever, the following Negro slaves namely, Hannah, Nat, Bina, Young Jeanie, Adaline, Dave, Glascow, Serena, Richardson, Young Sidney, Old Jeanie, Armstrong, Leslie, Harriet, Bill and Sarah Ann, together with their increase, Item seventh; I give and bequeath to my two sons Robert G.W. Hodges and John A. Hodges and James B. David, and to the survivor or survivors of them, the following Negro slaves namely, Young Peg, Sarah, Minder, Ann, Maria, Little Ann, Levy, Nelly, Bob, Little Kate, Old Serena, Lucy, Isaac, Geroeg, Mary, Tom, Franklin, Elcane, Rose, Melia, Dilly, Jake, Jones, Beck, Hagar, Jack, Seal, Zilph, Little Jack, Andrew, Little Mary, Little Peg, Little Daphne, Mily, Little Nance, Sidney, and Sam; together with their increase. In trust never the less, that they permit my daughters Eliza Ware, Mary Jane Draughon and Anna Maria Cannon to have the use, and enjoyment of the same as follows; my daughter Eliza M. Ware to have old Serena, Peg, Sarah, Minder. Ann, Maria, Little Ann, Caroline, Aggy, Little Steve, Laura, Jane, Levy, Nelly, Bob, Little Kate, Lucy, and Issac together with their future increase. My daughter Mary Jane Draughon to have, George, Mary, Tom, Franklin, Elcane, Rose, Melia, Dilly, Jake, Jonas, Beck, and Hagar, together with their increase, my daughter Anne Marie Cannon to have Jack, Seal, Zilph, Little Jack, Andrew, Little Mary, Little Peg, Little Daphne, Mily, Little Nance, Sidney, and Sam, together with their increase. The whole of them to be for their sole and separate use, free from the control of their husbands and without being in anyway liable or subject to their debts or contracts, for and during their natural lives; and after their deaths in succession, that they covey the same and their increase to their children respectively. If the trustees should think it proper at any time to take said negros from under the control of my said daughters or either of them, they are hereby directed to do so and hire the same, paying over annual profits or hire to them or their order. Item eighth;--- It is my wish and desire that my children should keep the negros together with their increase as before given, (as I have given them) and in any case of the said negros mentioned should die, it is to be an equal loss to all, and their increase an equal gain of all. Item Ninth;--- It is my will and desire, that all the negros living at my death, together with their increase as before given to my children should be valued and that those that have over their share or shares pay over to the others so all shall be equal, that is , share and share alike, of my personal property that is not other wise disposed of. Item tenth;--- To my sister in law, Catherine M. Cherry, I give and bequeath a Negro girl by the name of Needy, for her use during her natural life, and after her death said Negro and all her increase to be equally divided among all my heirs; except that the first child she may have to live to the age of five years I give and bequeath to my granddaughter Adaline M. Ware and her heirs forever. Item eleven;--- I give and bequeath unto my grandson George Hodges son of John A. Hodges and his heirs forever one Negro boy named York. Item twelve;--- In case any of my children should die, leaving no child or children living at the time of such death then the share of such child or children shall be equally divided among the rest of my children, the share of my daughters to vest as the rest of my estate herein before given for their use. Item thirteenth;--- In the division of my personal estate, and negros that I may have here to fore lent to any of my children, or may here after lend, with all their offspring since the time of the loan, and also the increase of the Negroes named in this my last will and testament shall be included; but this requirement is not to affect or defeat my gift of Negroes which I have made to my grandchildren or the Negroes given to my son Robert G.W.Hodges in the next clause. Item fourteenth;---I give and bequeath to my son Robert G.W. Hodges over and above an equal share with the rest of my children of my estate the following Negroes named Bet, Jordan, Mosey and Ellick: which Negroes shall not be computed in ascertaining the sum bequeathed in the third item after my death. Item fifteenth:--- The residue of my estate, after paying my just debts Iwill and devise to be divided so as to make each of my children's share of my personal property equal, except my son Robert as above distinguished from my other children. My daughter's shares should they receive any additional amount, be vested as the rest of my estate here in before given for their use. Item sixteenth:--- Should any of my children refuse to give up the Negroes or their increase that I have lent them and which they may have in their possession at the time of my death, which I have otherwise disposed of by this last will and testament, or should in any manner or form attempt to break this my last will and testament, it is my will and desire that they receive nothing more than they have in their possession, and the share that I have devised and bequeathed to be equally divided among my other children. Item seventeenth:--- In all cases where a division is directed to be made among my children my executors are hereby authorized to appoint fit and proper persons to make it and such partition when made shall be as effectual and binding as if made by the order of any court of law or equity: and if at the time such partition is made any of my children should be dead leaving a child or children then the share of the parent shall be allotted to such child or children. Item eighteenth:--- In explanation of the latter part of the third item, the interest that my trustees, are to pay on the bond there in described is three and one half percent per annum for eight years after my death and there after, on the expiration of the credit for eight years, the full rate of lawful interest, Lastly, I do hereby nominate, constitute and appoint my two sons Robert G. W. Hodges and John Hodges and my friend James E. David, Benjamin R. Rogers and A. D. Sims Esq. of Darlington District executors of this my last will and testament subscribed by my hand and seal this seventh day of December in the year of our Lord one thousand eight hundred and forty seven. Signed and sealed by the said George Hodges in the presence of us, who in his presence, and in the presence of each other, have here unto subscribed our names as witnesses. WIT D. Matheson S. Emanuel George Hodges Thos. J. Emanuel Z. W. Allen Recorded in will book A. Page 286 case 1 Box 46 Recorded 17th Feb. 1851 Jos. David, Olry. M.D.
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